Kickbacks and writing prescriptions without a medical need formed the basis of the United States’ complaint against a Sandusky, Ohio-area physician who was recently ordered to pay $4.7 million for violations of the False Claims Act and the Controlled Substances Act. The recent civil case in the U.S. District Court for the Northern District of Ohio against Dr. Gregory Gerber serves as a significant reminder of the ethical and legal responsibilities healthcare providers must uphold. Barred from prescribing opioids and ordered to pay a staggering $4.7 million, as well as facing 42 months in prison in a related criminal case, Dr. Gerber’s actions have highlighted the dangers of misconduct within the medical profession. While there was no whistleblower in the civil case, under the False Claims Act, a private citizen with knowledge of a fraud scheme can make a report to the government, and if their case is successful, receive 15-25% of the government’s recovery.

“Health care professionals who exploit opioid addiction for financial gain do so at the risk of endangering their patients and undermining critical public health efforts to address the opioid epidemic,” said the Deputy Inspector General of Investigations of the U.S. Department of Health and Human Services Office of the Inspector General. The United States filed a civil complaint in August 2018, alleging Dr. Gerber prescribed opioids without a legitimate medical basis and received kickbacks from a drug manufacturer to unlawfully prescribe the fentanyl-based opioid Subsys. One patient reportedly fatally overdosed on fentanyl patches that Dr. Gerber prescribed.

The Court’s order not only prohibits Dr. Gerber from prescribing or dispensing controlled substances but also bans him from managing or owning any entity that does so. Additionally, Dr. Gerber was sentenced to 42 months in prison and one year of home confinement in a related criminal case.

Under the qui tam provision of the False Claims Act, individuals who report fraudulent activities, including improper prescribing practices, may be eligible for financial rewards. This law empowers healthcare providers to take action against unethical behavior they witness in their practice, offering a pathway to protect the integrity of the healthcare system while potentially earning a monetary incentive. By coming forward with information about misconduct—such as prescribing opioids without legitimate medical necessity or participating in kickback schemes—healthcare professionals not only uphold their duty to patients but also contribute to a healthier, more accountable healthcare environment.